calling to order the Zoning Board of adjustment R Township New Jersey regular scheduled meeting March 6 2025 notice of meeting the notice requirements of the open public meetings act has been satisfied by the placing of a notice of this meeting on the bulton
board at the municipal building filing same with the Township Clerk transmitting same to the hunter County Democrat the Courier News The Star Ledger and the Trenton Times Roll Call please chairman M Miss Cynthia schaer
here Vice chair Miss s Dy here Mr Steve pario here Mr Randy block here Mr Jim Ferrero here miss ly Co brel she's asked to be excused Miss Lor ktina here Miss Donna
Drews also asked to be excused Mr James Miller here for professionals board attorney Mr John drill here Township planner Mr Jeffrey Vella here board secretary Taylor vaugh here and all other board professionals have asked
to be excused can I get a motion to accept the absence of the two board members so move please thank you I had James for the second sorry Jim okay chairwoman Miss Cynthia Schaefer yes Vice chair Miss s
DOI yes Mr Randy block yes Steve fario yes Mr Jim Ferrero Jim yeah okay Miss Lor ktina yes Mr James Miller yes okay moving on to uh comments
and announcements having none uh distribution correspondence having none meeting minutes none close session we'll um we'll do that at the end of the meeting resolution we have one resolution for this evening
it is resolution R in Township Pho adjustment selem Basher Abdul Basher apologies if I got it wrong 61 Old Clinton Road Block 6.07 lot 39 application Bo a-22
d221 resolution memorializing modification of one condition number one of the resolution number 2023-24 extension of time to revise plans and related documents and to obtain signature on the revised plans to
September 21 2026 and two condition number 12 of resolution number 20233 for extension of time to apply for and obtain zoning and construction permits to September 21
2026 version 202-02 version three anyone have any changes or additions John one additional thing this is resolution you said it already 20252 the prior resolution that's listed
on the agenda for executive snow which is resolution number 202 24-11 um Steve um gromberg has asked that that be tabled till the meeting on the 20th to allow more time to review
it that's correct okay so I version three as far as I'm concerned version three has captured any and all comments okay anyone have any additions or comments hearing none can I get a motion to approve so mooved second can a
roll call please um can vote chairwoman Miss Cynthia schaer yes Vice chair Mr R DOI yes Mr Randy block yes Mr Steve fario yes Mr Jim Ferrero okay thank you all very much
have a nice okay um all right are we moving on to the applications for this evening the people in the audience I don't know are the people in
the audience for this application for the hold on Steve Steve Steve Steve I didn't John I'm sorry I didn't know like if we were going to address the members of the public that we know are here for fishier I mean I know we
can't do anything I know I think that yeah I think if they're here um they should be heard if they have some issue with that resolution um or you know so why don't you have them come up to uh the
table okay I don't know we up to the microphone if they if they have any questions or they want to say something can I just get a r uh uh raise your hand if you're here for Basher okay just these two just okay okay if you want it might be easier just
because the attorney is on Zoom if you just have a seat there and the microphone's just sitting there that'd be great just make sure that Mak one can you identify yourself for the record yes my name is Rachel buia and I
live in the property spell your last name my your name B is a boy e l l i a okay be careful with that mic because if you're too close it's G to muffle a little bit right thank you for the invitation uh so
my name is Rachel Bia and I live in the property AB buding the resolution that was just referenced um I lived here as a resident since 2020 and unfortunately I found out about um this project about 2 and A2 weeks ago for the first time um I
received letter of notice through um kindly through Miss Bon and Jeff that um a certified letter was sent in 2022 however upon researching the letter um the label was created but it was never sent I never received a copy of the
letter and I have the documentation from USPS that this letter was never sent and I was never notified I wasn't given the opportunity to voice my concerns and as a homeowner in the property of fting this resolution there were some variances granted that put my property
and my children at potential harm and risk and I would love to ask a few questions in related to the variances granted can I just ask a question about when you said that you went to the post office and the letter wasn't delivered did they tell you what happened because I looked at the Affidavit of mailing and
there was a certifi a stamped certified mail receipt meaning the applicant dropped the thing off at the post office paid the certified fee and the post office stamped it that it was mailed certified so what did the
post office say happened it says the label was created and it's not yet in the system okay the label was created and it's not in the system not yet in the system they were awaiting the letter itself okay what okay I don't
understand let's start off with this Taylor can you take this the Affidavit of mailing out of or Jeff Whoever has it can you take that out of the file and what is your address my address is 9 Valley View
Drive Forton New Jersey 08822 um and my neighbor who is adjacent to my property next to the abutted proposed resolution also did not receive notice and she's 11 Valley View Drive okay well we would need her to come here
to tell us that but let's just address your issue so Jeff is there a stamped certified mail receipt going to the bilas at nine Valley View Drive according to the Affidavit of
mailing yes on that receipt there is no postmark um of the green ticket mine is one of the only ones that doesn't have a postmarking so hold on so hold on for a second the green return receipts are not required so let me just read what the municipal land use law
requires I think she's because there's there are photoc copies colored photoc copies of each of the certified mail receipts when looking at her uh certified mail receipt it's hard to distinguish whether or not
there's a date stamp on it um I think that's what she's referring to yes all the other ones have a date stamped on it and mine does not let's ask Mr gromberg do you have a copy of the Affidavit of mailing your
office did this correct my office go to a microphone you gotta come to the microphone um my office did do the notice of uh hearings and I'm looking to see whether I have it on my system here
I wasn't prepared to deal with this this evening let me ask tayloring we're here for memorializing of the original would likely be with Steve's office what I have in the file that's all there is and just as I know I
was not in this POS I don't believe I was in the position at the time no you weren't I mean there's other re there's other certified seats where it's very hard to see the stamp I don't know if it was just when it was being copied do me a favor just out of curiosity check 11
Valley View yes that you can you can see the the stamp more clearly and bilia you said your neighbor lives at 11 Valley View and didn't get a letter either is that correct correct and then when you look at the USPS
tracking um it says that the label was created and is not yet in the system and a status update yep just just so you understand the tracking doesn't ma under the municipal land use law to tracking that USBS has doesn't matter uh Green
Return CER return receipts don't matter all that matters is that they have a a registered mail stamped receipt but if they had that under the municipal land
use law they're entitled to rely on that and there's nothing that the board can do about that we had this issue happen ironically I don't know if the board members recall um the late Jackie clap came in for a fence
variance and the board granted her the fence variants and then after the resolution was adopted or on the night the resolution was being adopted her nextdoor neighbor came in and said he hadn't received it but there was a a
stamped return receipt and my advice to the board my advice to the board tonight is as long as that's the stamped receipt so I'm gonna ask that Mr gromberg you know look at in his office tomorrow and uh bring the original into show Taylor
and just make a a good copy of it and give a copy to miss Bia and to the board file now if that's not stamped that's a separate issue if that's not stamped this thing could be the board could reopen it if that thing is stamped this is the horse is out of the barn the
water is under the bridge or over the dam and all that sort of stuff and my only suggestion to miss Balia is either to file litigation which is very expensive or maybe she can talk to the new soon Tobe neighbor and maybe
reach some sort of private accommodation with him but there's nothing if that registered mail receipt is stamped there's nothing the board can do about it it's done and what was done tonight was a resolution memorializing an extension just like you recognize the
underlying um approval came in 2022 so I think we have to wait until Steve finds that original in his office brings it into Taylor and we get a good copy of it and give a copy to miss baia to see if in fact it's stamped end of
story if it's not stamped then we might be doing a redo so that's my that's my advice to the board so this thing got to be put off until we see if in fact that receipt is stamped by the post
office can I just ask for clarification do you mean pretty much the processing of the application like resolution compliance is on hold oh no now process it but no building permit no zoning permit or construction
permit should be issued until Mr grenberg brings in the original of that receipt so we can confirm that it was stamped by the post office okay we but our practice is that the
originals are filed with the board so I'll ask that that be looked for but we scan copies and we'll look to see what we have in our office yeah because by the way the original should be filed with the board now I know this happened before Taylor was the board secretary so I don't know
you know she said she doesn't have any Originals in the office she only has colored copies but let's let's get down to the bottom of it it's either stamped or it's not stamped if it's stamped there's nothing we the board can do from his bailia if it's not stamped then basic basically this application
has to start from scratch okay we'll take a look all right thank you for Miss Valia for bringing to the board's attention but they can't take anything from you on the merits of the application until we see if it's if
it's stamped it's it's over if it's not stamped this application is going to start from scratch and then you'll be able to address them off where you in and everything as part of the application thank you um and regards to the questions that I had um regardless
of whether or not it was stamped do I where would I ask that where would it be the best place to ask the questions that I have I would go to the planning office tomorrow or whatever and talk to ask to speak to Jeff the countship planner and the zoning officer my only concern is that I know
she has a lot of questions about engineering well it's there's some questions there's some questions about some of the approval but if there's any any any questions regarding um some of the right of ways or what's what's a driveway versus the roadway anything that's I can I can
answer that but as far as any of the other um I know that there's uh questions about an appeal or something that's something I can't any legal any legal issues are not for you Jeff any legal issues are for her um her attorney
and I I know she has one I know the attorney thank you okay yeah so schedule thank you for inviting me thank you my apologies um then who would answer my engineering questions okay that would be R darg he's
a Township engineer he he was not involved with this project um so he he will um he'll be reviewing it for resolution compliance but it's he would he would be answering the questions so and what I set up a meeting with him as
well we can um yes yes we'll have to work on that I just highly suggest please don't just come by the office just try to set up a time yeah thank you I also have two small children and a full-time job so I would not be able to spring it I would love to plan um who
should I email you Taylor thank you very much no you may want to put your questions in an email form I put a majority of them um yes both of them have the reviewed I do have some follow-up questions after review with files uh that was so kindly shared with me so thank that would just be easier so
that probably cut down some time as well yeah take some of the prob do a joint meeting yes awesome thank you very much I appreciate your time okay yeah now you're free to go thank you okay moving to the applications for this evening first application boa case
number 24- 2024 applicant is Dennis Hugh new location block 7224 Lot 4 32 writtenhouse Circle application is for a c variance for structure in front of dwelling on a
corner lot that application is uh not going to be heard tonight due to an insufficient notice okay right and and that one the notices have to be redone and I believe
that Taylor is gonna try this to schedule them in for March 20th if they can get their redone notices is that correct Taylor correct correct but again this is not being carried without the need for further notice this is being rescheduled to
March 20th with the need for Reen noce okay can we talk about this in the Clos session too okay I don't think we should um it would be nice if we can fit it in that I I was going to no offense correct
you John I offered him a few dates and that's he said he would try but oh I didn't realize that that's listen there's no there's no reason to talk about that in the closed session this should be discussed right now okay you offered him another a date
you try to work out the date with him just just make sure he realizes he'll be rescheduled he'll be rescheduled with the need to notice okay rescheduled for the future with the need to notice thank you okay moving to the second application
for this evening vaa case number 25-22 applicant is Matthew Appel location block 7910 Lot 12 24 montway applications for a c variant for garage structure within
15 feet setback for accessory structures good evening H so um can you talk about the application what you're oh I'm sorry so Mr Appel can you raise your right hand and Jeff Bella can you raise
your right hand do both of you swear or affirm the testimony that you will give in this matter will be the truth the whole truth and nothing but the truth I do I do okay now go ahead Cynthia uh
okay go ahead okay um we're looking just build the uh the garage thing thank you yeah thank you um build the garage for just extra storage um you know we we have a growing family we have two young kids and just you know it's kind of taking over so we decided this would be the best move instead of buying a shed
to just actually build a garage that would actually be you know add value to the property eventually over time um and we need the variance because our property line is I believe about 5 feet from the our garage sorry from our
driveway and uh the 15ft variance would kind put it into the middle of our of our backyard um we also if you look at our property survey we have a conservation variance and a um you have a conservation easement easement sorry yeah sorry we have conservation easement
we have a jcpnl easement as well uh because there's a Ravine and then there's power lines on the other side of that Ravine and then at the top of our Hill that's next to the easement is our septic tank so we don't have the ability to really build anywhere else um and put
putting in the middle of our backyard where you know we have the space for the kind of the kids to play that's the only spot we have um it just doesn't really work there question for you do you have an existing garage yes okay so you have an existing
garage is it a one car or two-car two-car okay and you have your two vehicles in there correct uh we don't use it for vehicles um but we put it this way if the board if the board granted you the variant to construct a
detached two-car garage which you say is for storage would you then move your vehicles from outside into the other garage probably yeah we would yes U and the reason I ask because the board just can't just because they like you or they
like how it looks they just can't Grant the variance they need either a hardship reason or which is called a C1 variance reason or a C2 which is um purposes of zoning are advanced and they substantially outweigh any T so if if
you part part of your argument is C1 because the other spots the other places on your yard don't work for you but you already have a a garage so if you made a C2 argument look I got a garage I'm allowed to keep storage in and I got two
cars out in the driveway if Bor you grant me the variance to have this two-car garage and let us have storage in there we we will move our cars from the driveway into the garage that will give aesthetic benefit to the neighborhood that very well could be a C2 variant so that's why I asked the
question yes that is that is part of the plan and then I don't know if this would add to it um we're assuming year in a few years maybe I don't know how long but my parents might have to move in with us so we may finish the current garage later and have that new garage as
as our garage um we don't know if that's going to happen but you know my parents are getting older and that's kind of part of the long-term plan okay in let's assume in that case that that happened would you agree then if that happened then you then didn't
have the two garage spots for your car and the existing garage that you'd move the two cars into this new garage if the board approves it and again leave them out in the out so the neighbors could see yes sir I don't have any other question
I I don't have any other the questions does anyone have any questions property um all right so I know exactly what you're saying they're they're um where your shed is is at the end of the driveway correct where the garage
will be yes yeah but that's where you're going to replace the shed though correct we already knocked down the shed oh you did yes okay I should know this because I live on the on the road I'm actually 25 but I'm if you you haven't noticed the numbering in is yes Beyond odd yeah
and um all right so I didn't even notice that but okay so but it's going to go right there correct yes it's going to be close by you're going to be able to if you wanted to you could put stuff right there and it would take away from stuff that you would have in your in your driveway now correct by the way this for the record
Mr fario you don't you don't own property within 200 feet of the applicant's property correct that was my NE I was going to say just so everybody understands did clarify this earlier today uh with Council that I don't have a conflict I am more than 200 feet away that's why I was saying that right these
the way the numbering is in the neighborhood is it's bizarre yeah it's very weird um it's beyond bizarre I don't know why they did it that way but I am not um I'm way more than 200 feet even though I'm 25 and he's 24 so but I do know the property and I understand where the
um what where he's going to put this and I can tell you that it just looking at the the drawings too that would be the place to put it and that will actually uh give you a lot more room and actually provide um provide exactly what you've
what you're looking for in your application so I I just want to make sure that that's where it was um I don't have any further questions yeah and I obviously since he's not we'll get give me obviously since he's not going for any variant is the height
of the garage fits within the ordinance I remember we had another garage here yes but it had a Second Story the height is compliant it's one story yeah um I don't think there there could be even space for another uh finished area unless it yeah I believe it's it's got
some room we just I can't afford to go bigger so yeah that's what it is fine yeah um I just had one comment just based on there was discussion between the the uses of you you intend on having it storage um but there's there's just
an ex you call it a garage but there's an EXT there's a distinct between um what a garage is and then accessory structure it it's compliant either which way it's it's going to be um labeled okay so I just wanted to point that out
just in case um if you were to use it as storage it would fall under a criteria that it's 800 square feet of an aggregate um number for for that okay okay all right if there's no other questions I think we have some uh people
in the audience that would like to ask a question question am I actually allowed to ask or just make a statement John am I allowed to who who is this oh um what kind of statement are you want to make um well just because
you stated that you already removed the shed yeah we were going to need a zoning permit for that un if you didn't do it already I can't remember off the top of my head is zing permit to demo a shed
yeah you you need a you'll need a um a permit after the fact just for a demo so what I'm trying to say is if the board were to approve this application to make that a condition yeah okay after the fact after the fact zoning permit to
allow the shed removal okay if anyone in the audience has a question please please come up to the mic and um Cynthia maybe not only let them ask any questions but maybe I'll swear each person in if they make they can make comments also to do it in
one spell swoop okay so the way it usually works is that you ask no you can stay right there the way it works is you come up you can ask questions and since there's only one witness you can also make comments of whether uh about this application so whoever wants to come
first please come up State your state your name spell your last name and provide your address good evening uh Robert Valas V ASM Victor o l d as in David a e uh Address is five
Atkinson Court Flemington New Jersey obviously 0822 and I just ra can you please raise your right hand sure do you swear or affirm that any of the comments you're G to make will be the truth the whole truth nothing but
the truth I do okay so you can ask questions and make comment yeah I just that I had a question because when we got the notice it didn't say exactly where the garage was going to be so I mean we live on the other side but can someone copy of the plan normally if
someone gets a notice normally you go down to the municipal building and ask to see the file give him a copy of the plan so we can see what we're talking about it's right at the end of the driveway the end driveway yeah that's that was my main question we know
where back front Okay it's literally going to be right at the end of the driveway yeah okay no problem there for us thank you Cynthia is there anyone else yes there is he's coming up should have brought the dog he's got a cute dog with
him so we're kind of like beautiful Serv can't hear you can't hear you my name is Laurence stalkin d a w k i ns my address is 11 Atkin in 10 Atkins in court sorry uh raise your right
hand do you swear or affirm any comments you're GNA make in this matter will be the truth the whole truth nothing but the truth I do okay so questions and comments uh just a comment uh my property AB buts their property I'm at
79111 and I hold wholeheartedly agree with the their application and hope they get the approval to to go ahead with the work thank you oh great thank you thank you for coming out anyone else please sir come on
up there uh I'm t s I'm Matt's neighbor right across the street at 31 mway spell your first for me can you spell your first and last name sure TK t a r e K last name is s s a l e
h l e yep H hold it okay can you raise your right hand do you swear or affirm that any comments you're going to make in this matter will be the truth the whole truth nothing but the truth I do okay so you have
questions and comments uh just comments I'm Mass neighbor across the street at 31 mway we're like right across and uh Sarah and I were're we're good with it good okay your it's 31 31 like I said I have no idea what that that neighborhood
other neighbor has two different numbers for the house it's unbelievable thank you for coming out and supporting thank you 31 all right I think we've gotten through everyone in the uh audience Steve I gotta tell you boy you live in a very nice neighborhood yeah I got to tell you I
don't know about the numbering though we got to we got to figure that out yeah Steve talk to the post off office they're responsible for that it's unbelievable Jeff you had something I just had two comments um number nine are any utilities going
to be hooked up to the structure not at this time okay and then um number 10 um up to the board if if uh an ASB built survey or a foundation my my opinion
this is it's close to the property line and the board has no the past there problems you should absolutely impose number 10 as a condition and you might to help the applicant out you might also want to put a condition requiring him to
you know get the corners Mar out with strings take it out yeah so sir I don't know if you know um we've had situations before where what we're asking for is an as built so that the the property is marked prior to
building so there is we're asking for two things to the stake out is prior to building the as built is after construction to confirm that it complies right so prior to framing
you'll get you'll submit a a survey just showing the stakes the surveyor would have to come out twice okay and all that does is is it ensures that the Builder that you have does the right thing and doesn't move it off and it's in the next prop
surveyor has to stake out the garage itself not the property is what I'm asking the garage yeah because you already got the Bound for survey so he's just GNA focus on the garage okay because if it comes out to be if it comes out to be
4.9 you would have to come back to the board that's that's it's for protection okay I have to come back here again and get another approval yeah yeah had some yeah it's it's not and it's painful
redo it okay yeah yeah we want to make it easy for you and us I appreciate it yeah all right does anybody have any other comments questions hearing none can we close for deliberation anybody want to start I'm I'm for the project it's I know exactly where it's going um it's not going to be
an issue for anybody and it's definitely going to be beneficial to the property and the neighborhood so I'm for it and I assume you're for it on the basis of a C2 variant Steve correct Aesthetics right correct I would agree I think it's a
it's one the only place it can go it's a unique piece of property that's one as long as all the conditions are met I'm happy with this application okay no I think it's a good project and
I would just um hope that the trees that are nearby could just be protected during construction yeah we don't plan on knocking any of them down if it's if it's possible okay it's nice we don't yeah we don't usually get that it's nice to see people here
thank you all right thank you everybody can I can I get a motion to approve so move I'll second uh roll call please chairwoman missia schaer yes oh wait we didn't ask Jim or Russell it's okay it's okay we we okay we
agree thank you Vice chair Mr DUI yes Mr Randy block yes Mr Steve fario yes Mr Jim Ferrero yes Miss Lor ktina yes Mr James Miller yes okay thank
you all right thank you everyone do you have a do we did we give him a pamphlet I mean we don't you already have the pamphlet but even after tomorrow or Monday I will be sending you an email just you know relaying off the information I mean I'm not sure if you
guys want to discuss if you want to wait for the resolution to be drafted and adopted well let me have you spoken to a contractor or anything yet uh yeah I well I I put a deposit
down at um Amish Mike's for the um for the structure itself um I've contacted a few about this slab but I haven't actually like followed through that until I wanted to get this locked down yeah so Cynthia the it's going to be the standard conditions the the only condition that he really has to be
concerned about is the stake out prior to permits but if he knows about it and he does it I would think if the board wanted to ask the zoning officer to be able to issue zoning permits prior to the resolution being adopted it would be appropriate there's not he doesn't have to make any plan changes or anything
like that yeah okay we be good with that okay all right and just look at that pamphlet on the back it has things now that you've been approved at the meeting there may be some other things that you need to consider okay okay yep thank you thank you thanks
everyone yeah so take care um we want to move in Clos session Taylor did you want first of all we'll take a break and we'll see if that room is available yeah okay so we're going to take a break for the people on the zoom and we'll come back and let you know if
we're staying here or if we're going into the next is there a TV in there yes can I ask you something is there anyone else in this room right now well they're leaving but for the application you want to stay here yeah after they leave just do the Clos
session here all right that's fine that's fine that's fine can you hear everybody clearly yes can okay we just ask everyone to speak everyone should speak into their
microphones okay did you see I sent you a drafted resolution to go into Clos session did you want me to read that or you read it I'll read it um so here is the proposed resolution which I suggest be adopted to go into
close session [Music] saw was you know what I said to my dad I said when do you want me to read the resolution you want me to read the resolution to get a motion or
not T's putting the notice on the door okay I'm going to read the resolution in the interim to save time whereas njsa 10 4-12 the open public meetings act authorizes this board to exclude the public from that portion of a meeting
which this board discusses certain matters whereas the board is about to discuss such matters specifically employment matters in accordance with njsa 40 55d 71b whereas this board believes the
public should be excluded from those discussions and the discussions held in close session may not be disclosed to the public because of the attorney client privileged nature of the discussion now therefore be it resolved by the bar Township Board of adjustment on March 6 2025 at the board now going
to close session to discuss for the above purposes does someone want to make say so moved so moved anyone want to say so seconded second everyone anyone in favor oh all
those in favor okay okay just one moment let me turn everything off